Money Suit

Money Suit is a suit for the recovery of the money with interest.
The suit wherein the plaintiff seeks to recover debt payable by the
defendant arising either on a written contract or on an enactment
where the sum sought to be recovered is fixed or on a guarantee
where the claim against the principal is in respect of a debt.

1. Suit by Seller for payment of money by Purchaser

- Facts:- The Plaintiff entered into an agreement with the defendant, under which the
defendant agreed pay a sum of Rs. 45,000/- in exchange of purchase of ‘A’ Quality ton of
cotton per kg. A part of the purchase-price was paid by the plaintiff to the defendant as
earnest money. However, the Defendant refused to complete the payment, and the
Plaintiff sues for money suit.

IN THE CITY CIVIL COURT AT VADODARA, GUJARAT

Money Suit No. 000/202_

A.B.C
RESIDING AT _____
SURAT …Plaintiff

Versus

Xyz,
Residing at ___________,
Mumbai ….Defendant

Subject – Under Order 37 of CPC/ Money Suit

The Plaintiff abovenamed states as follows:

1. The Plaintiff is a businessman by profession, and is engaged in the sale of cotton.
2. The defendant is, and at all material times was, in the manufacturing of finishing
products in a clothing line wear.
3. By an agreement in writing dated ____day of __, 202_ the defendant contracted to pay
to the plaintiff, Rs.5,000 for the purchase of ____ quintal of cotton and more
particularly described in the Schedule to the said Agreement at or for the sum of
 Rs.45,000 on the terms and conditions contained in the said agreement. Hereto annexed
and marked Exhibit ‘A’ is a copy of the said agreement dated the __day of ___202_.
4. The Plaintiff states that, on the day__ of January 202_, the plaintiff supplied to the
defendant ____ quintal of cotton a sum of Rs.45,000/- to which the defendant paid a sum
of Rs.5,000/- only.
5. Thereafter, on 10th June 202_ and again on 24th august 2020 the plaintiff sent Registered
letters to the defendant calling upon him to complete the payment of the sale offered to
the defendant with the remaining balance amount namely 40,000. Hereto annexed and
marked exhibit B and C respectively are copies of the said letters dated 10 th June 2008
and 24th august 2020 respectively.
6. The Plaintiff here submits the bill generated for supply of such goods to the defendant
hereto marked and Exhibit D. the plaintiff also submits here the transportation charges
bill generated while supplying the goods to the defendant hereto marked and exhibit E.
7. The plaintiff says and submit that despite these reminders and despite oral requests
made by the plaintiff on several occasions the defendant has filed and neglected to
complete the said amount whereby the plaintiff was put into unnecessary inconvenience
and has also suffered damage.
8. The plaintiff has performed his part of the contract/ promise to which the defendant is
fully aware of the same.
9. The said agreement dated _january_-202_ was entered into at vadodara. The sale to
which the said agreement relates is also situated in vadodara. The defendant resides and
is employed in vadodara. This hon’ble court therefore has jurisdiction to entertain, try
and dispose of this suit.
10. For the purpose of court-fees and jurisdiction, the plaintiff values this suit at Rs.40,000
and has paid the court-fees accordingly.
11. The plaintiff will rely on documents, a list whereof is attached hereto.

The plaintiff therefore prays:

It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to:

1. Pass a decree for recovery in favour of plaintiff thereby directing the defendant to
pay a sum of Rs.—– along with pedente lite.
2. Pass the pendente lite interest and future interest @ 5% per mesne in favour of the
Plaintiff till the date of realization of the loan advanced by the plaintiff to the
defendant.
3. Pass the cost of the suit in favour of the Plaintiff and against the defendant..

Any other order or relief that this Hon’ble Court deems fit and proper may be pleased to pass
in favour of the Plaintiffs and against the Defendants, in the interest and furtherance of
justice.

Plaint drawn by:

Xyz
Advocate, Surat
 VERIFICATION

I, ABC, the plaintiff above-named, residing at ________-, surat, Gujarat, do hereby solemnly
declare and say that what is stated in paragraph __ to __ is true to my own knowledge and what
is stated in the remaining paragraphs ___ is stated on information and belief and I believe the
same to be true.

Solemnly declared at surat aforesaid

This __ day of October 2020.

Before me
Xyz
Superitendent,
City Civil Court, Surat

Money Suit – 3 years limitation period